Kerala Court September 2006 Judgments
Praveen S. Lal Vs. State of Kerala
Court: Kerala
Decided on: Sep-29-2006
Reported in: 2006(4)KLT712
S. Siri Jagan, J.1. The issue involved in these two Writ Petitions is as to whether institutional preference granted to the students who passed MBBS from the Medical College, Trivandrum in the matter of admission to the training programme for award of the degree of Diplomate of National Board, is justifiable and if justifiable, to what extent such institutional preference can be given in the matter of such admission.2. The petitioners are MBBS degree holders who, after passing the centralised entrance test prescribed for the purpose, applied for admission to the training programme for the award of the degree of Diplomate of National Board in the Medical College, Trivandrum. Before going to the facts of the case, I may note the salient features of the award of the particular degree.3. This degree is awarded by the National Board of Examinations of the Government of India, which was established with the prime objective of improving the quality of medical education by elevating the level ...
Tag this Judgment!Nanu Vs. Balan Master
Court: Kerala
Decided on: Sep-29-2006
Reported in: 2006(4)KLT702
K.K. Denesan, J.1. These Writ Appeals arise from the judgment in WP (C) No.27307 of 2004. They were heard together and are disposed of by this judgment.2. Thattolikara U.P.School, Chombala is an aided private school governed by the provisions of the Kerala Education Rules. W.P.(C) No.27307 of 2004 was filed by the Manager of the school as the 1st petitioner and Smt. P.Anitha, who was appointed as the Headmistress of the school, as the 2nd petitioner. They are the appellants in W.A.No.876 of 2006. Shri.P.Nanu, the 5th respondent in the Writ Petition and rival claimant for the post of Headmaster, is the appellant in W. A.No. 1022 of 2006. Parties are referred to, hereinafter, as they are shown in. the cause title of the Writ Petition.3. The post of Headmaster fell vacant on 29.9.2003. The 1st petitioner appointed the 5th respondent as Teacher in charge against the said vacancy. Subsequently, on 14.10.2003. the 2nd petitioner was appointed as the Headmistress. Objections raised by the 5th...
Tag this Judgment!Hisa A. Sheng Vs. Administrator
Court: Kerala
Decided on: Sep-29-2006
Reported in: 2007CriLJ821; 2006(4)KLT945
ORDERK.R. Udayabhanu, J.1. Petitioners 33 in number are the distressed and marooned seamen belonging to different nationalities who are the crew of 'ISABELL-III', wrecked at the reefs of the sea near the Islet of Suheli Par, part of the Lakshadweep group of Islands. The prayer is to quash the proceedings initiated against them vide Crime No. 11/2006 of Kavaratti Police Station under Sections 280 and 336 of the Indian Penal Code and Section 14 of the Foreigners Act. It is the case of the petitioners that they are bona fide crew of the foreign fishing vessel, wrecked and stranded on 15-7-2006 while the above fishing vessel was sailing from Oman to Singapore. The accident happened when the vessel was passing through the Indian territorial waters by way of innocent passage; and immediately the matter was informed to the Indian Coast Guard. The incident took place at 20.30 hours. Under Section 393 of the Merchant Shipping Act and the U.N. Convention on Law of the Sea, the seamen in distress...
Tag this Judgment!Sunil Kumar Vs. Rajendra Pillai and ors.
Court: Kerala
Decided on: Sep-29-2006
Reported in: [2007(114)FLR1016]; 2007(2)KLJ259; (2007)IIILLJ1052Ker
K.T. Sankaran, J.1. The petitioner, who is the Manager of Raghavananda Central School, Chirakkara, Kollam, challenges Exhibit P-42 order passed by the Regional Provident Fund Commissioner (E&R;), Kerala, whereby the contention raised by the petitioner that the School is not covered by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') on the ground that it was established as a new school after it ceased to function, was rejected.2. The school in question is, a recognised school. It was established in 1985 by Anugraha. Mission Trust. It would appear that later one Raghavan Pillai became the owner of the property and Manager of the School. Raghavan Pillai assigned the property consisting of the School as per registered assignment deeds dated, March 25, 1994 and March 23, 1994, in favour of Rajendran Pillai and the petitioner (Exhibit R-2(a)). The name of the School was changed as Raghavandra Central School. The School was brought ...
Tag this Judgment!Vijayachandran K.K. and anr. Vs. the Supdt. of Police and anr.
Court: Kerala
Decided on: Sep-29-2006
Reported in: 2008(2)KLJ751
K. Hema, J.1. The appellants, two in number, were charge-sheeted by respondent-CBI for offences. under Section 120-B IPC read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 ('the Act', for short) and Section 465 of Indian Penal Code ('IPC', for short). Both of them were convicted and sentenced under said sections by learned Special Judge (SPE/CBI) I' the Special Judge', for short). This appeal is filed challenging such conviction and sentence.FACTS, BRIEFLY:2. According to prosecution, first accused was working as an 'Assistant' in the Passport Office in the 'passport writing section'. Second accused was the proprietor of a travel agency. In September, 2002 they allegedly conspiredand agreed to get a fake passport issued to PW1, by incorporating therein a wrong date of birth of PW1, to facilitiate PW1 to get a job abroad. Accordingly, first accused, on 9-9-2002, being a public servant, by corrupt and illegal means, by abusing the position as public servant, ...
Tag this Judgment!S.N.D.P. L.P. School Vs. Roy
Court: Kerala
Decided on: Sep-28-2006
Reported in: 2006(4)KLT497
K.K. Denesan, J.1. The appellants assail the correctness of the judgment in W.P.(c) No. 25371/05.2. The question for consideration is whether a Lower Primary School Assistant (L.P.S.A., for short) possessing B.Ed. degree but not T.T.C. is qualified for the post of Headmaster of a Lower Primary School governed by the Kerala Education Rules (hereinafter referred to as K.E.R. only).3. The Manager of the school filed W.A.No.2666 of 2005 and the affected teacher filed W.A.No.39 of 2006. Appellants in W.A. Nos. 525 and 526 of 2006 are not parties to the Writ Petition. They filed the Writ Appeals with the leave of the Court.4. Facts, in brief, noticed below are with reference to the parties and documents as stated in W.A. No. 2666/05. S.N.D.P.L.P. School, Valiyapadom is an aided lower primary school managed by the appellant. Respondents 1 to 5 and the appellants in W.A. Nos. 525 and 526 of 2006 are L.P.S.As. on the staff of that school. The 5th respondent in W.P.(C) No. 25371/05 is a graduate...
Tag this Judgment!Sarangadharan Vs. Mukundan
Court: Kerala
Decided on: Sep-28-2006
Reported in: 2006(4)KLT805
K.A. Abdul Gafoor, J.1. The challenge in this Writ Petition is against Exts.P3 and P5 orders passed by the Munsiff's Court, Cherthala in O.S.No.229/2003 filed by the respondent seeking a declaration that two promissory notes stated to be executed by him are null and void.2. The petitioners/defendants in the suit raised two preliminary objections: The suit ought to have been filed in the Sub Court and the court fee paid was not sufficient. These objections were on the ground that the amount covered by the promissory notes was Rs. 1,75,000/- which was beyond the pecuniary jurisdiction of the Munsiff's Court and that the ad velorem court fee paid was not based on the monitory value of the declaration sought for. These objections were overruled in Ext.P3.3. The petitioners also objected to the amendment sought for by the plaintiff to delete the words 'voidable' appearing in the plaint. That prayer was allowed as per Ext.P5. Ext.P5, insofar as the amendment to that effect has been allowed, ...
Tag this Judgment!Anoj Abraham Vs. Regional Transport Authority
Court: Kerala
Decided on: Sep-28-2006
Reported in: AIR2007Ker72; 2006(4)KLT691
K. Balakrishnan Nair, J.1. The point that arises for decision in this case, is whether the State Transport Authority, by issuing administrative instructions, can fetter the discretion of the RTA in granting temporary permits under Section 87(1)(c) of the Motor Vehicles Act. The brief facts of the case are the following:2. The petitioner is a stage carriage operator, operating on the route Kottayam-Puthenthodu. He applied for a temporary permit on the route Puthenthode-Kottayam, for a period of 20 days. But, the permit was granted, only for a period of five days, as evident from Ext P1. The term of the permit was restricted to five days, relying on Clause 4 of Ext.P2 circular issued by the State Transport Authority. The relevant clause of the said circular reads as follows:Temporary Permits under Clause (c) of the section shall be granted only for a period not exceeding five days at a time.The petitioner submits, the above clause is plainly ultra vires of and unauthorised by the provisi...
Tag this Judgment!Thorayil Juma Masjid Mahhalu Committee Vs. Kerala Wakf Board
Court: Kerala
Decided on: Sep-28-2006
Reported in: 2008(1)KLJ202
ORDERKurian Joseph, J.1. Wakf Tribunals have been set up under the Wakf Act, 1995 (hereinafter referred to as 'the Act') for the determination of disputes, questions and other matters relating to Wakf and Wakf property. The Act also contemplates the Tribunal to act as an appellate authority in certain circumstances prescribed under the Aet. Powers of superintendence over the Wakfs is conferred on the Wakf Board. Whether an order passed by the Wakf Board in exercise of its appellate jurisdiction under Section 72(7) of the Act is liable to be challenged before the Wakf Tribunal under Section 83 as a dispute, question or matter relating to wakf is the issue to be considered in this case.2. Petitioner is the petitioner in O.P. 3/2004 on the file of the Wakf Tribunal, Kozhikode. The Chief Executive Officer of the Wakf Board issued a demand notice directing payment to the tune of Rs. 2,50,094/- as contribution for the years 1994-95 to 2001-02, after due assessment under Section 72 of the Act...
Tag this Judgment!John George Vs. Stewards Association in India
Court: Kerala
Decided on: Sep-27-2006
Reported in: AIR2007Ker57; 2006(4)KLT405
V.K. Bali, C.J.1. The Stewards Association in India, which is a society registered under the Tamil Nadu Societies Registration Act filed a suit for recovery of the possession of the plaint schedule property from the defendants and also for realisation of mesne profits at Rs. 1,800/- per year. The burden of the plaint was that the plaint schedule properties were acquired by Adolph Kocher, a German Missionary as per registered documents of 1084 and 1088 M.E.. He constructed a building for his residence and missionary work as a result of which a Brethern Sabha was formed. There was a prayer hall in the building which was used as an orphanage after purchase of the property by Kocher. Kocher was arrested during World War No. 1 as he was a German citizen. He however, had gifted the property to Stewards Company Limited, England, which right was transferred to the plaintiff-Association in 1973 by a registered document. One Mr. Adams was staying in this property and was continuing the missionar...
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